In Michigan, condominium developers are required to provide several documents to prospective purchasers of a condominium. Pursuant to MCL 559.106, “Developer” is defined as “a person engaged in the business of developing a condominium project as provided in this act”. In addition to original developers, the Condominium Act imposes similar requirements upon “Successor Developers”. MCL 559.235 states in part “As…
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HB 4446 will make it easier for condominium associations to enforce routine bylaw violations, collect assessments and defend themselves in litigation. Most co-owners would expect a condominium board to handle routine matters such as bylaw violations, collecting assessments or defending lawsuits, and co-owner apathy should not prevent condominium associations from handling these types of matters.
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In the context of living in a condominium, additional easements are common. In fact, all condominiums are required to have certain easements pursuant to the Michigan Condominium Act and Administrative Rules. Some examples of these required easements come from the Michigan Administrative Rules interpreting the Condominium Act.
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When purchasing a condominium unit in Michigan, buyers are often surprised at the number of legal documents governing not only the condominium project itself, but also the association tasked with administering, managing and maintaining the condominium. Given the length and complexity of most governing documents, there can be conflicting provisions by, amongst and within the governing documents. This article explores…
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Kevin Hirzel recently scored an important victory for Michigan condominium associations in Cove Creek Condominium Association v Vistal Land & Home Development, L.L.C., et al., Oakland County Circuit Court Case No. 16-155706-CH (Order Granting Summary Disposition, Dated February 10, 2017). The Oakland County Circuit Court held that the MCL 559.167, as amended by 2016 PA 233, does not recreate “need…
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The Community Associations Institute ("CAI") Board of Trustees recently appointed Kevin M. Hirzel, Esq. to the national Government & Public Affairs Committee for a two year term from January 1, 2017 through December 31, 2018. CAI is an international membership organization with more than 34,000 members in partnership with 60 chapters around the globe. CAI provides information, education and resources to…
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